Asbestos Management for Commercial Landlords

If your building was constructed or refurbished before the year 2000, it may contain asbestos, and there is a legal duty to manage it. This is a duty landlords cannot ignore.

The duty to manage

Under the Control of Asbestos Regulations 2012 there is a duty to manage asbestos in non-domestic premises. It falls on the dutyholder, usually the person who controls the premises or the maintenance of them, which is often the landlord for common and structural parts and can be shared with tenants under the lease.

What the duty involves

• Find out whether asbestos is present, its location and condition, usually through an asbestos survey.
• Assess the risk and record it in an asbestos register and a management plan.
• Manage it: keep it in good condition, monitor it, and inform anyone who might disturb it, such as contractors.

Surveys

There are broadly two types of survey: a management survey for normal occupation and maintenance, and a more intrusive refurbishment or demolition survey before works that could disturb the fabric. Commission the right one for what you are doing.

Penalties and advice

Breaches of the asbestos duty are enforced by the HSE and can carry serious penalties. Use a competent surveyor and keep the register and plan current. Confirm the specific requirements for your building, as this is framework guidance rather than advice.

Which buildings have an asbestos duty to manage?

Non-domestic premises built or refurbished before 2000 are most likely to contain asbestos and fall within the Control of Asbestos Regulations 2012 duty to manage.

What does the asbestos duty involve?

Finding out whether asbestos is present, usually by survey, assessing and recording the risk in a register and management plan, and managing it.